THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
9 SHRAWAN 1947 (S)
RANCHI THURSDAY 31st JULY, 2025
HIGH COURT OF JHARKHAND
--------
NOTIFICATION
29th July, 2025
No. 06/2025/R&S
VIDEO CONFERENCING RULES 2025
Object and Reasons
Whereas, in order to avoid delay in judicial proceeding due to non-
availability of parties, advocates, witnesses and accused physically, it is
expedient to formalise and enable use of electronic communication and other
audio-video electronic means for the purpose of conducting trial , inquiry and
proceeding under the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of
2023).
Whereas, the BNSS under section 54, 63, 64, 70, 71, 94, 154, 183, 187, 193,
209, 227, 230, 231, 251, 254, 262, 265, 266, 308, 310, 316, 336, 355, 356, 392, and
530 recongnises use of audio- video electronic means and other forms of
electronic communication for different proceedings.
No. 378
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Whereas, Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS) provides that all trials, inquires and proceedings under this Sanhita,
including examination of complainant and witnesses, recording of evidence in
inquiries and trials and all appellate proceedings or any other proceeding, may
be held in electronic mode, by use of electronic communication or use of
audio-video electronic means.
Whereas there is no restriction on civil courts in using video
conferencing facilities in conducting trial.
Whereas, the District Judiciary in the State of Jharkhand has been using
video conferencing facilities for conducting inquiries and trials in civil as well as
criminal proceedings.
In exercise of the powers conferred by Article 227 of the Constitution of
India, and all other enabling sections of the Bharatiya Nagarik Suraksha Sanhita,
2023 (No. 46 of 2023), audio-video electronic communication for District
Courts, namely:-
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CHAPTER I
PRELIMIlNARY
I .
Short title, Application and Commencement. -
(1)
These Rules shall be called "The District Courts of the State of Jharkhand
for the Use of Electronic Communication and Audio-Video Electronic
Means Rules, 2025".
(2)
They shall apply to the district courts of the State of Jharkhand
including Tribunals over which The High Court of Jharkhand has
Jurisdiction and to all judicial, departmental and mediation proceedings
in pending cases.
(3)
They shall come into force from the date of their publication in the Official
Gazette.
2. Definitions .-
(1)
In these Rules, unless the context otherwise requires, -
(a)
"Advocate" means and include an advocate entered in any roll
maintained under the provisions of the Advocates Act, 196 1 and shall
for the purpose of these rules, include prosecuting officers and
government pleaders;
(b)
"Advocate's remote point" means a place from where an advocate
or advocates may appear through a live link and shall include
advocate's chamber or office or a place notified by the Bar for video
conferencing;
(c)
"Commissioner" means a person appointed as commissioner under
the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46
of 2023) or any other law for the time being in force;
(d)
"Coordinator" means a person no minated as coordinator u nder Rule
5;
(e)
"Court" includes a physical court and a virtual court or a tribunal.
(f)
"Court point" means the courtroom or the place where the court
is physically convened, or the place where a commissioner or an
inquiry officer holds proceedings pursuant to the directions of the
court;
(g)
"Court room" means the place or room or enclosed space in
which court proceedings are held;
(h)
"Designated Place" means any one or more places specified where
the facilities are made available for use of electronic communication
or use of audio-video electronic means with courts points and shall
include Vulnerable Witness Deposition Centre from where evidence
of such witnesses may be recorded;
(i)
"Designated Video Conferencing Software" means a software
approved by the High Court for the use of video conferencing or
other audio-video electronic communication;
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(j)
"High Court" means the High Court of Jharkhand;
(k)
"Live link" means and includes a live link for audio-
video electronic communication or other arrangements
whereby a witness, an accused, party, advocate or any
other person is required by Court to remain present virtually
in the court room by use of electronic communication or
use of audio-video electronic means;
(I)
"Remote Point" means a place where any person is
required to be present or appear through a live link and
includes designated place from where submissions may be
made before the Court but does not include Advocate's
remote point;
(m)
"Remote User" means a user participating in court
proceedings through video conferencing at a designated
place or advocates remote point;
(n)
"Required Person" includes:
(i)
a person who is to be examined as a witness, complainant or
otherwise: or
(ii)
person in whose presence certain proceeding s are to be
recorded or conducted including an accused; or
(iii) an advocate or a party in person; or
(iv) any person including victim who is required to make
submissions before the Court; or
(v)
any other person who is permitted by the Court to
appear through video conferencing or other modes
of audio visual electronic communication;
(o)
"Rules" shall mean these rules and any reference to a rule
or sub-rule shall be a reference to a rule or sub-rule of
these rules;
(2)
The words and phrases used but not defined herein shall bear the
same meaning as assigned to them in the High Court of
Jharkhand Rules; Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS); Bharatiya Sakshya Adhiniyam , 2023 (BSA); Information
Technology Act, 2000 (IT Act) and the General Clauses Act, l
897.
3.
Construction of references.-
(1)
Unless the context otherwise requires, any reference to Bharatiya
Nagarik Suraksha Sanhita, 2023 in these Rules shall include
reference to Code of Criminal Procedure, 1973 under the
corresponding provisions.
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Chapter II
General Principles-1
Implementation of Video Conferencing under BNSS Provisions:
4.1. Electronic Hearings (BNSS Sec 530)
All trials, inquiries, and proceedings may be conducted electronically, including:
Examination of complainants and witnesses
Recording of evidence
Appellate and other judicial proceedings
4.2. Appearance via Video Conferencing (BNSS Sec 154, 355)
Persons required to appear before the court may do so via video conferencing,
including cases where the accused is absent.
4.3. Accused in Judicial Custody (BNSS Sec 187)
Accused persons may be presented before the court via video conferencing,
except for the first appearance, which requires physical presence.
4.4. Framing of Charges (BNSS Sec 251)
Charges may be read and explained to the accused through video conferencing,
with their plea recorded electronically.
4.5. Evidence of Witnesses (BNSS Sec 254, 265, 266, 310, 356)
Witness testimonies and depositions may be recorded via audio-video means in
designated locations.
4.6. Deposition of evidence of any police officer or public servants (BNSS Sec 254)
Testimonies of public servants may be recorded electronically to expedite legal
proceedings.
4.7. Discharge of Accused (BNSS Sec 262)
Courts may examine the accused via electronic means before granting discharge.
4.8. Examination of Accused in Custody (BNSS Sec 316)
Accused persons in custody m ay be examined electronically, with signature
verification required within 72 hours.
4.9. Evidence from Public Servants, Experts and police officers (BNSS Sec 336)
Public officials, forensic experts, and police officers may provide evidence via
video conferencing.
4. 10. Judgment Pronouncement (BNSS Sec 392)
Accused persons in custody may hear their judgment via video conferencing.
4. 11. Presence of Accused during Evidence Recording (BNSS Sec 308)
Accused persons must be present, either physically or via video conferencing,
during the recording of evidence.
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Chapter III
General Principles -2
5.
General Principles Governing Video Conferencing and other modes of Audio-
video electronic communication
Subject to the provisions hereinafter contained, video conferencing and
other modes of audio-visual electronic communication may be used at all
stages of judicial proceedings and proceedings conducted by the Court, where
a person is required to be present or appear is not physically present in court
room:
(i)
All proceedings conducted by a Court via video conferencing and
other modes of audio - visual electronic communication shall be
judicial proceedings and all parties, decorum and protocols applicable
to these proceedings;
(ii)
All relevant statutory provisions applicable to judicial proceedings
including provisions of BNSS, Contempt of Courts Act, 1971, BSA and
IT Act, shall apply to proceedings conducted by video conferencing;
(iii)
Subject to maintaining independence, impartiality and credibility of
judicial proceedings, and subject to such directions as the High
Court may issue, Courts may adopt such technological advances as may
become available from time to time;
(iv)
Courts shall use only High Court/government approved and secure
video conferencing platforms equipped with end-to-end encryption to
protect data and privacy;
(v) Any unauthorized access, hacking attempts, or security breaches must
be reported immediately and addressed in accordance with the law;
(vi) The Rules as applicable to a Court shall mutatis mutandis apply to a
Commissioner appointed by the Court to record evidence and to an
inquiry officer conducting an inquiry;
(vii)
Unless expressly permitted by Court, no person, either at Court Point
or at designated place or at Remote Point or Advocate's Remote Point,
shall record or publish the proceedings conducted by video
conferencing
or
other
modes
of
audio-visual
electronic
communication;
(viii)
There shall be no unauthorised recording of the proceedings by any
person or entity;
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6. Identification of person appearing through video conferencing or other modes of
audio-visual electronic communication.-
The person defined in rule 2(1)(n) shall provide an identity proof as recognized
by the Government of India or State Government to the court point coordinator by
electronic communication. In case, identity proof is not readily available, the Court may,
upon satisfaction allow such person to participate in proceedings without production of
identity proof.
7. Facilities recommended for Video Conferencing
(i) Each courtroom should be equipped with a video conferencing facility to
enable seamless connectivity with stakeholders. This integration will
eliminate the need to move to a separate dedicated room for virtual
hearings, ensuring efficiency, saving time, and enhancing judicial
proceedings.
(ii) A dedicated and exclusive video conferencing center should be established
promptly at each district and Tehsil level.
(iii) A dedicated space for video conferencing within police stations, prisons,
prosecution offices, forensic departments, and other designated places.
The following equipments are recommended for conducting proceedings by
video conferencing at the Court Point and the Remote Point:
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Display and
Large Display Screens (LED/Project ors) - For clear
Projection
visibility of remote participants;
Equipment
Multiple Screen Setup (Optional) - Allows simultaneous
viewing of different participants;
Software and
Encryption
End-to-End Encrypted Video Conferencing
Standards Software -Ensures secure communication;
Firewall and VPN Protection -Prevents unauthorized
access;
Multi-Factor Authentication (MFA) for Users - Ensures
identity verification;
Secure Login Credentials for Each Session - Limits access
to authorized personnel;
Recording and
Documentation
Court-Approved Recording Mechanism -
Allows secure documentation of hearings;
Transcription Services - Automated/manual transcription of
court proceedings;
Cloud or Local Storage Options - Secure storage for
recorded sessions;
Computer
Desktop and Laptop
Network and
Internet
Connectivity
High-Speed Internet Connection (Minimum 50 Mbps)
- Ensures seamless video transmission without lag;
Backup Internet Connection -A secondary connection
to prevent disruptions;
Dedicated LAN/Wi-Fi Setup -Ensures stable and
secure connectivity;
Video Equipment
High-Resolution Cameras (Full HD/4K) -To capture
clear video feeds of participants;
Adjustable and Multiple Camera Angles - Enables
focusing on the judge, lawyers, accused, or witnesses;
Audio Equipment
Noise-Canceling Microphones -Reduces background
noise and ensures clear audio transmission;
High-Quality Speakers -Provides clear sound output for
participants;
Echo-Cancellation and Acoustic Treatment –Enhances
audio clarity by minimizing reverberation;
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IT Support and
Maintenance
On-Site Technical Team -Ensures quick resolution of technical
issues;
24/7 Remote IT Support - Provides assistance for
troubleshooting;
Regular Equipment Maintenance -Ensures uninterrupted
functionality;
Power Backup
Uninterruptible Power Supply (UPS) System -
Prevents power outages from disrupting
proceedings;
Backup Generators - For prolonged power failures, etc.
8.
The designated video conferencing software to be procured by H igh Court
shall facilitate following minimum requirements :-
(i)
an online, real-time collaboration software with features like video, voice,
screen sharing, document sharing, presentation, recording etc.
(ii)
the solution should have a whiteboard for flashing messages and recording
meetings or sessions.
(iii)
the complete access log of the different users with extended reports,
including IP/ Device details/ Application details, should be provided with
each meeting room.
(iv)
the platform should be hosted on an India-based data centre with a l 00% Disaster
recovery site.
(v)
the platform must offer cross-platform functionality, ensu1ing seamless
operation across various operating systems, including Windows, Linux, macOS,
IOS etc., to accommodate diverse technology ecosystems of all participants
and guarantee a consistent user experience regard less of the operating system
used.
(vi)
the platform must be scalable to multipoint connectivity with 500 user logins at a
time,
(vii)
the platform must provide private and confidential Breakout rooms; between
multiple users,
(viii)
the platform must be capable of synchronizing and scheduling with cause list of
cases by advocates with waiting lobby and automatic pulling according to the
cause list;
(ix)
the platform must provide master control facility at Court's end, recording and
archiving facility at court point, server or cloud
(x)
the platform must provide audit t rail facility of the proceedings and also
provision of a firewall.
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9. Appointment of Coordinators.-
(l) There shall be a Coordinator both at the Court Point and at the designated place
from where any required person is to be examined or heard or is directed to
remain present. However, coordinator may be required at the remote point only
when a witness or a person accused of an offence is to be examined;
(2) In all the Courts, one or more persons nominated by the High Court or the Principal
District and Sessions Judge concerned within whose jurisdiction the respective
Court is present, shall perform the functions of the coordinators at the
designated place.
(3)
The Court may appoint any court official as a coordinator at the Court Point.
(4)
The coordinator at the designated place may be any of the following:
Sub Rule
Where
the
Advocate or Required
Person is at the following Point:-
The
Remote
Poin t
Coordinator shall be:-
9.(4).1
Overseas
An official of an Indian Consulate I the
relevant Indian Embassy I the relevant
High Commission of India;
9.(4).2
Court of another state or union
territory of India
Any
authorized
official
nominated
by
the
concerned
District Judge;
9.(4).3
Mediation Centre or office of District
Legal Services Authority
Any
authorized
person
I
official
nominated by the Chairperson or Secretary
of the concerned District Legal Services
Authority;
9.(4).4
Jail or prison
The
concerned
Jail
Superintendent or Officer-in-charge of
the prison;
9.(4).5
Hospitals administered by the Central
Government , the State Government or
local bodies
Medical Superintendent or an official
authorized by them or the person in
charge of the said hospital ;
9.(4).6
Observation Home, Special Home,
Children's Home, Shelter Home, or any
institution referred to as a Child Care
Institution and where the Required
Person is a juvenile or a child or a
person who is an inmate of such Child
Care Institution.
The Superintendent or Officer- in- charge
of that Child Care Institution or an official
authorized by them;
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9.(4).7
Women's Rescue Homes, Protection
Homes, Shelter Homes, Nari Niketans
or any institution referred to as a
women's facility (collectively referred
to as women's facilities).
The Superintendent or Officer-in- charge
of the women's facility or an official
authorized by them;
9.(4).8
In custody, care or employment of any
other government office, organization
or institution (collectively referred to as
institutional facilities).
The Superintendent or Officer-in- charge
of the institutional facility or an official
authorized by them;
9.(4).9
Forensic Science Lab
The Administrative officer-in-charge or
their nominee;
9.(4).10
In case of any other location
The concerned Court may nominate any
public servant of public official of the
concerned department to render services as
a
Coordinator
to
ensure
that
the
proceedings are conducted in a fair,
impartial and independent manner and
according to the directions issued by the
Court in that behalf.
5) Notwithstanding the provisions of Clause 3.4. 1, where witness examination is to
take place in a criminal case of a person located outside the country, the provisions of
the BNSS 2023 (Section 110 & Chapter 8) and "Comprehensive Guidelines for
investigation abroad and issue of Letters Rogatory (LRs) I Mutual Legal
Assistance (MLA) Request and Service of Summons I Notices/ Judicial
documents in respect of Criminal Matters prevailing at that time" will be followed
to the extent they comport with the provisions of the BNSS and BSA .
10. Preparatory arrangements.-
(1)
The coordinator at the designated place/remote point shall ensure that;
(a) the required persons scheduled to appear in a particular proceeding are
ready at the remote point/designated place for video conferencing well
before the scheduled time;
(b) no unauthorized recording device is used;
(c) no unauthorized person enters the remote point or designated place
when the video conference is in progress;
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(d) the person being examined is not prompted, tutored, coaxed, induced
or coerced in any manner by any person and that the person being
examined does not refer to any document, script or device without the
permission of the Court concerned during the course of examination.
(2) Where the witness to be examined through video conferencing or other audio-visual
electronic communication requires or if it is otherwise expedient to do so, the Court shall
give sufficient notice in advance, setting out the schedule of video conferencing and in
appropriate cases may provide the copies of all or any part of the relevant documents in
electronic form to the coordinator of the concerned remote point.
(3) Before the scheduled video conferencing, the Court shall ensure that the coordinator at the
designated place or remote point receives in electronic form, copies of all or any part of
the documents which may be required for recording of evidence, or for reference of the
witness. However, coordinator shall allow such documents in electronic form to be used
by the required person only with the permission of the Court.
(4) Whenever required , the Court shall order the coordinator at the remote point or at the court
point to provide-
(a)
a translator in case the person to be examined is not conversant with
the official language of the court;
(b)
an expert in sign languages in case the person to be examined is impaired
in speech and/or hearing;
(c)
an interpreter or a special educator, as the case may be, in case a
person to be examined is differently abled , either temporarily or
permanently;
(d) a person for reading of documents in case the person to be examined
is visually challenged.
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CHAPTER IV
PROCEDURE FOR VIDEO
CONFERENCING
11.
Appearance through video conferencing and other modes
of audio-visual electronic communication.-
(1)
In criminal cases, any party to the proceedings or witness,
save and except where proceedings are initiated at the
instance of the Court or on request of public prosecutor,
may move a request for presence and proceedings
through video conferencing. (SCHEDULE - II)
(2) In civil cases, the court may, as its discretion or on request
of any of the parties, initiate process for hearing of any case
through video conferencing and other modes of audio-visual
electronic communication.
(3) While allowing a request for video conferencing the Court may
also fix the schedule for convening the video conferencing.
(4)
An advocate may appear from advocate's remote point for
making submissions or for examination of witnesses.
(5)
Where video conferencing proceedings are conducted for
making oral submissions, the order may require the advocate
or party in person to submit written arguments and
precedents, if any, in advance.
12.
Service of processes.-
Processes issued to a witness who is to be examined
through video conferencing, shall mention the date, time and
venue of the concerned designated place and shall direct the
witness to attend in person alongwith proof of identity. If a person
is examined with reference to a particular document then the
process to witness must be accompanied by a copy of the
document:
Provided that nothing in this rule shall preclude a court from
conducting trials, inquires and proceedings in electronic mode, by
use of electronic communication or use of audio-video electronic
means.
13.
Examination of persons and witnesses through video
conferencing and other modes of audio-visual electronic
communication.-
(1) The person being examined through video conferencing and
other modes of audio- visual electronic communication shall
ordinarily be examined during the working hours of the
court concerned or at such time as the court may deem fit.
(2) Where the person being examined is an accused, the court
shall provide adequate opportunity to consult with his
advocate before and after the video conferencing.
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(3) The Court shall read over and explain the evidence recorded to the
witness and obtain the signature of the person being examined on the
transcript immediately after the examination is concluded. The signed
transcript shall form part of the record of the judicial proceedings. The
signature on the transcript of the person being examined shall be
obtained in either of the following ways.-
(a)
If digital signatures are available at both the concerned Court
Point and remote point, the copy of the transcript digitally
signed by the presiding officer at the Court Point shall be sent
by the designated video conferencing software or official e-mail
to the coordinator at remote point where a print out of the
same shall be taken and signed by the person being examined.
A scanned copy of the transcript digitally signed by the
coordinator at the remote point shall be transmitted by the
designated video conferencing software or official e-mail of the
Court Point;
(b)
If digital signatures are not available, the printout of the
transcript shall be signed by the presiding Judge, at the Court
Point and shall be sent in non- editable scanned format by the
designated video conferencing software or official e-mail
account of the designated place or e-mail of the coordinator at
remote point where a printout of the same shall be taken and
signed by the person examined and countersigned by the
coordinator at the remote point. A non-editable scanned
format of the transcript so signed shall be sent by the
coordinator at the remote point by the designated video
conferencing software or official e-mail to the Court Point
where a print out of the same shall be taken and shall be made a
part of the judicial record.
(4) The court may, at the request of a person to be examined, or on its own
motion, taking into account the best interest of the person to be examined,
direct appropriate measures to protect the privacy of the person
examined bearing in mind aspects such as age, gender, physical condition
and recognized customs and practices.
(5) The coordinator at the designated place shall ensure that no person is
present at the remote point, save and except the person being examined
and those whose presence is deemed administratively necessary by the
coordinator for the proceedings.
(6) The court may also impose such other conditions as are necessary in for
effective hearing ·of cases through video conferencing and other
modes of audio-video electronic communication.
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(7) If the court thinks fit, the required person may be permitted to connect
through video conferencing or other modes of audio-visual electronic
communication from the place of his residence or work:
Provided that evidence of a witness shall be recorded only from the
designated place, except in situation hereinafter provided.
(8) Where a required person is not capable of reaching the Court
Point or the designated place due to sickness or physical
infirmity, or whose presence cannot be secured without
undue delay or expense, the Court may authorize conduct
of video conferencing from the place at which such person is
located. In such circumstances the court may direct the use
of portable video conferencing systems and ensure
presence as it may deem fit.
(9) Where the court is of opinion, for the reasons recorded in
writing that, evidence of the witness cannot be effectively
recorded, may decline to examine such witness through video
conferencing.
14.
Exhibiting or showing documents to witness or accused at a remote
point.-
If in the course of examination of a person at a remote point by
video conferencing, it is necessary to show a document to the
person, the Court may permit the document to be shown in the
following manner:
(a)
if the document is at Court Point, by transmitting the
document through document visualizer;
(b)
if the document is at Court Point, but document visualizer
is not available, by transmitting a copy or image of the
document to the remote point electronically through the
designated video conferencing software or official e-mail;
(c)
if the document is at the remote point, by transmitting a
copy or image of the document to the Court Point
electronically through the designated video conferencing
software or official e-mail. The hard copy of the document
counter signed by the witness and the coordinator at the
designated place shall also be dispatched to the Court
Point.
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15.
Ensuring seamless video conferencing.-
(1)
The coordinator at Court Point shall provide the live link of
the video conferencing hearing with advocates or the
required person.
(2)
If the proceedings are carried out from any place other
than a remote point, the coordinator, if any, at such
remote point shall ensure compliance of all technical
requirements.
(3)
The coordinator at the Court Point shall be in contact with
the concerned advocate or the required person and guide
them in regard to the fulfillment of technical and other
requirements for executing a successful hearing through
video conferencing. Any problem faced by such advocate or
the required person shall be resolved by the coordinator at
Court Point.
(4) The coordinator at the Court Point shall ensure that any document or
audio-visual files, emailed by the advocate or the required person, are duly
received at the Court Point.
16. Remand.-
The court may authorize detention in judicial custody, of any person accused of
an offence, by video conferencing or other modes of audio-visual electronic
communication as per the provisions of section 187 BNSS:
Provided that if the accused in already in judicial custody, whether of same
Court or some other Court or is undergoing sentence, the Court may further
remand him during inquiry or trial under section 346(2) of the BNSS through
video
conferencing
or
other
modes
of
audio-visual
electronic
communication.
17.
Plea bargaining .-
The Court may also use the modes of audio-visual electronic communication
for the purpose of plea bargaining under Chapter XXIII of the BNSS.
18.
Record of proceedings through audio-visual electronic communication.-
Wherever any proceeding is carried out by the Court under these rules by
taking recourse to the modes of audio visual electronic communication, the
Court shall mention in the order sheet, that the hearing is conducted through
video conferencing.
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CHAPTER V
GENERAL
PROCEDURE
19.
General Procedure .-
(1)
The procedure set out hereinafter in this chapter is without
prejudice to the procedure indicated elsewhere in these rules
where proceedings are conducted through video conferencing or
other modes of audio visual electronic communication.
(2)
The coordinator at the Court Point shall ensure that video
conferencing is conducted only through a designated video
conferencing software:
Provided that in the event of a technical fault or for any other
sufficient cause, the Court may for reasons to be recorded in
writing, permit the use of a software other than the designated
video conferencing software for video conferencing in that
particular proceeding:
Provided further that nothing contained in these rules shall prevent a
Court, after
recording its reasons in writing, from using any software other than
the designated video conferencing software or other modes of
audio visual electronic communication, to facilitate the bearing of
cases in electronic mode.
(3)
In criminal cases, where the person to be examined is a
prosecution witness, or a court witness, or a defence witness, or
a person is to make submission for prosecution, or a person is to
make submission for defence, the advocate for the prosecution or
defence or the accused, as the case may be, shall confirm to the Court
the location of the person, and the time, place and technical
facilities available for such video conferencing.
(4) If the accused is in custody and not present at the Court Point, the
Court shall order a multi-point video conference between Court
Point, the witness and the accused in custody to facilitate recording
of the statement of the witness including medical or other experts.
20.
Conduct of Proceedings.-
(1)
All advocates, required persons, the party in person or any other
person permitted by the Court to remain physically or virtually
present (hereinafter collectively referred to as participants), shall
have their presence recorded. However, in case participants are
desirous that their face or name be masked, information to that
effect shall be furnished to the Court Point coordinator prior to the
commencement of proceedings for the approval of the court.
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(2)
All Advocates, Required Persons, the party in person and/or any other
person permitted by the Court to remain physically or virtually present
(hereinafter collectively referred to as participants) shall abide by the
requirements set out in Schedule I.
(3) The Court Point coordinator shall send the live link on mobile
number furnished by the participants permitted to be virtually
present in the Court. Once the proceedings have commenced,
no other person shall be permitted to participate in the
virtual bearing, except with the permission of Court.
(4) Participation in the proceedings through video conferencing
shall constitute consent by the participants to the proceedings
being recorded.
(5) Establishment and disconnection of links between the Court
Point and the remote point shall be regulated by orders of the
Court.
(6) The court shall satisfy itself that the advocate, required
person or any other participant that the court deems
necessary at the remote point or the Court Point can be seen
and heard clearly and can clearly see and hear the court.
(7) To ensure that video conferencing is conducted seamlessly, the
difficulties, if any, experienced in connectivity must be brought
to the notice of the Court at the earliest on the mobile number
of the Court Point coordinator which has been furnished to
the participant before the commencement of the video
conferencing.
No
complaint
shall
be
entertained
subsequently.
21. Third parties to the case.-
(1) Third parties may be allowed to remain present during video
conferencing only upon a specific order of the Court.
However, they shall be passive participants and shall not
be allowed to make any submission without permission of
the Court.
(2) Where, for any reason, a person unconnected with the case is
present at the remote point, that person shall be identified
by the coordinator at the remote point at the beginning
of the proceedings and the purpose of the presence of that
person shall be conveyed to the Court. Such person shall
continue to remain present only with the permission ·of the
Court.
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Jharkhand Gazette (Extraordinary), Thursday , 31st July, 2025
22.
Costs of Video Conferencing
In the absence of rules prescribed by the High Court, the
Court
may
take
into
consideration
the
following
circumstances when determining and/or apportioning the
costs of video conferencing:
a.
In criminal cases, the expenses of the video conferencing facility
including expenses involved in preparing soft copies I certified copies of
the Court record and transmitting the same to the Coordinator at the
Remote Point, and the fee payable to the translator I interpreter I special
educator, as the case may be, as also the fee payable to the Coordinator at
the Remote Point, shall be borne by such party as directed by the court.
b.
Besides the above, the Court may also make an order as to expenses as it
considers appropriate, taking into account the rules I instructions regarding
payment of expenses to the complainant and witnesses, as may be
prevalent from time to time.
c. It shall be open to the Court to waive the costs as warranted in a
given situation.
23.
Access to Legal Aid Clinics/Camps/Lok Adalats/Jail Adalats
a.
In conformity with the provisions of the Legal Services Authorities Act,
1987 and the laws in force, in proceedings related to Legal Aid Clinics,
Camps, Lok Adalats or Jail Adalats, any person who at the Remote Point is
in Jail or Prison
shall be examined by the Chairman I Secretary of the District Legal
Service
Authority or Members of Lok Adalats before passing any award or orders as
per law.
b. Such award or order shall have the same force as if it was passed by the
regular Lok Adalat or Jail Adalat.
c. Copy of the award or order and the record of proceedings shall be sent to
the Remote Point.
24.
Allowing persons who are not parties to the case to view the proceedings
To observe the requirement of an open Court proceeding, members of the public
will be allowed to view Court hearings conducted through video conferencing,
except proceedings ordered for reasons recorded in writing to be conducted in-
camera. The Court shall endeavour to make available sufficient links (consistent
with available bandwidth) for accessing the proceedings.
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Jharkhand Gazette (Extraordinary), Thursday , 31st July, 2025
Chapter VI
Miscellaneous
25.
Reference to Words and Expressions
Words and expressions used and not defined in these Rules shall have the
same meaning as assigned to them in the BNSS, the BSA, the IT Act, and
the General Clauses Act, 1897.
26.
Power to Relax
The High Court may if satisfied that the operation of any Rule is causing
undue hardship, by order dispense ·with or relax the requirements of that Rule
to such extent and subject to such conditions , as may be stipulated to deal with
the case in a just and equitable manner.
27. Residual Provisions
Matters concerning which no express provision has been made in these Rules
shall be decided by the Court consistent with the principle of furthering the
interests of justice.
28. Repeal and Savings
( 1) The High Court of Jharkhand Rules for Video Conferencing for Courts,
2020, High Court of Jharkhand (Video Conferencing for Courts) Regulations,
2020 and Notification No. 03/2021/R&S dated 14.01.2021 are hereby repealed.
(2) Notwithstanding the repeal, provisions of High Court of Jharkhand Rules for
Video Conferencing for Courts, 2020 shall apply to:-
a)
Actions and proceedings commenced before these rules came into force.
b)
All notifications/orders published/issued under the High Court of
Jharkhand Rules for Video Conferencing for Courts, 2020 to the
extent they are not repugnant to these rules, shall be deemed to
have been made or issued under these rules.
(3) Notification No. 01/2024/ R & S dated 23.02.2024 Standard operating
procedure for video conferencing/ virtual hearing before the High Court of
Jharkhand to the extent it is not inconsistent to these rules shall apply.
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Jharkhand Gazette (Extraordinary), Thursday , 31st July, 2025
SCHEDULE I
1.
All participants shall wear sober attire consistent with the dignity of the
proceedings. Advocates shall be appropriately dressed in professional attire
prescribed under the Advocates Act, 1961. Police officials shall appear in the
uniform prescribed for police officials under the relevant statute or orders. The
attire for judicial officers and court staff will be as specified in the relevant
rules prescribed in that behalf by the High Court. The decision of the Presiding
Judge or officer as to the dress code will be final.
2.
Proceedings shall be conducted at the appointed date and time. Punctuality
shall be scrupulously observed .
3.
The case will be called out and appearances shall be recorded on the direction of
the Court.
4.
Every participant shall adhere to the courtesies and protocol that are followed
in a physical Court. Judges will be addressed as "Madam/Sir" or "Your Honour".
Officers will be addressed by their designation such as "Bench Officer/Court
Master' . Advocates will be addressed as "Learned Counsel/Senior Counsel"
5.
Advocates, Required Persons, parties in person and other participants shall keep
their microphones muted till they are called upon to make submissions.
6.
Remote Users shall ensure that their devices are free from malware.
7.
Remote Users and the Coordinator at the Remote Point shall ensure that the
Remote Point is situated in a quiet location, is properly secured and bas
sufficient internet coverage. Any unwarranted disturbance caused during video
conferencing may if the Presiding Judge so directs render the proceedings non-
est.
8.
All participants' cell phones shall remain switched off or in airplane mode during
the proceedings.
9.
All participants should endeavor to look into the camera, remain attentive and
not engage in any other activity during the proceedings.
10.
Background noise, unnecessary movements, and interruptions must be
minimized to maintain the decorum of judicial proceedings.
11.
The use of offensive language, disrespectful behavior, or non-compliance with
judicial instructions may lead to immediate removal from the session and
potential legal consequences.
12.
Only court have the discretion to mute or remove any participant violating these
conduct rules.
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Jharkhand Gazette (Extraordinary), Thursday , 31st July, 2025
SCHEDULE II
Req u est Fo rm for Video Confe r ence
1. Case Number I CNR Number (if any)
2. Cause Title
3. Proposed Date of conference (DD/MM/YYYY) :
4. Location of the Court Point(s):
5. Location of the Remote Point(s):
6. Names & Designation of the Participants at the Remote Point:
7. Reasons for Video Conferencing:
In the matter of
8. Nature of Proceedings: Final Hearing
Motion Hearing
others
I have read and understood the provisions of Rules for Video Conferencing for
Courts I undertake to remain bound by the same to the extent applicable to me.
I agree to pay video conferencing charges if so, directed by the Court.
Signature of the applicant/authorised signatory: Date:
A) Bench assigned:
B) Hearing:
Held on
(DD/MM/YYYY):
Commencement
Time:
End time:
Number of hours:
C) Costs:
Overseas transmission charges if any:
To be Incurred by Applicant /Respondent: To be
shared equally:
Waived; as ordered by the Court:
Signature of the authorised officer:
Date:
By order of the Court,
Manoj Prasad,
Registrar General.
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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.
Jharkhand Gazette (Extraordinary) 378-- 50.